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UNITED STATES v. JOHNSON

No. 823, Docket 71-1041.

443 F.2d 189 (1971)

UNITED STATES of America, Appellee, v. Daniel Francis JOHNSON, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 25, 1971.

Attorney(s) appearing for the Case

Jeremiah S. Gutman, New York City (Levy, Gutman, Goldberg & Kaplan, New York City, Donald L. Doernberg, New York City, of counsel), for appellant.

Peter Truebner, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, Arthur A. Munisteri, Asst. U. S. Atty., of counsel), for appellee.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Defendant appeals from a judgment of conviction in the United States District Court for the Southern District of New York after a one-day trial before Milton Pollack, Judge, sitting without a jury. He was charged with having unlawfully failed to report for induction into the Armed Forces, in violation of 50 U.S.C.App. § 462(a). We find no error and affirm the judgment.

The Selective Service history of appellant up to the...

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